The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2

by United States. Constitutional Convention; James Madison

Doc^r Johnson thought the clause unnecessary, and implying an improper suspicion of the National Legislature.

M^r Rutlidge was in favor of the clause.

On the question for inserting the prohibition of ex post facto laws.

N. H. ay. Mas. ay. Con^t no. N. J. no. P^a no. Del. ay. M^d ay. Virg^a ay. N. C. div^d. S. C. ay. Geo. ay.

The report of the committee of 5. made by M^r Rutlidge, was taken up and then postponed that each member might furnish himself with a copy.

The Report of the Committee of Eleven delivered in & entered on the Journal of the 21^st inst. was then taken up, and the first clause containing the words "The Legislature of the U. S. shall have power to fulfil the engagements which have been entered into by Congress" being under consideration,

M^r Elseworth argued that they were unnecessary. The U. S. heretofore entered into Engagements by Cong^s who were their Agents. They will hereafter be bound to fulfil them by their new agents.

M^r Randolph thought such a provision necessary: for though the U. States will be bound, the new Gov^t will have no authority in the case unless it be given to them.

M^r Madison thought it necessary to give the authority in order to prevent misconstruction. He mentioned the attempts made by the Debtors to British subjects to shew that contracts under the old Government, were dissolved by the Revolution which destroyed the political identity of the Society.

M^r Gerry thought it essential that some explicit provision should be made on this subject, so that no pretext might remain for getting rid of the public engagements.